Delaire Country Club relents, claims it has settled COVID rules lawsuit
But the Palm Beach County Clerk reports that the case filed by the owners is still open, as HOA President Delaire writes about the lawsuit costs.
BY: STAFF REPORT | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) – In what legal observers call a “weird” email, the president of the Delaire Country Club claims the HOA has settled a case brought by two landlords arguing that Delaire imposed inappropriate COVID-19 restrictions. President Andy Lynette wrote that the country club had settled the case, fearing litigation costs.
“By settling in, we would avoid wasting time and disrupting the community and the board, which could potentially cause further division within our community as well as the financial risk of our 50% insurance deductible. $000,” Lynette wrote in an email obtained by BocaNewsNow. .com. “Furthermore, (our Litigation Committee) has emphasized that there is never any guarantee as to the outcome of any litigation.”
As we reported on January 19, Mark and Joanie Schneebaum sued Delaire after they were disciplined for allegedly breaking the club’s COVID-19 rules by attending an event at the clubhouse without providing proof of a vaccine. The Schneebaums claimed the requirement violated Florida law. They filed a lawsuit, asking the courts to answer this question: Can a private HOA institute its own rules that differ from the governor’s executive orders? Florida Governor Ron DeSantis has banned vaccination mandates in the state. The Schneebaums argued that the order applied to their HOA and sued after Delaire suspended Joanie Schneebaum from using Delaire’s amenities for several months.
This suspension was lifted as part of the settlement.
“Removing the suspension at this time seemed like a fair and appropriate action to take, given that Joanie has already served nearly two months of suspension, which is far longer than any other COVID-related grievance suspension served. by any member.”
Observers say that by sending a blast of emails acknowledging the fear of lawsuit costs, Delaire has left himself open to future litigation over all grievances – with landlords now knowing that Delaire is opposed to lawsuits.
Read the full email below. Lawsuits filed by other Delaire owners, also for violations and penalties related to COVID-19, remain active. We note that the Schneebaum case also remains “active” in the Palm Beach County court system as of Saturday morning, despite the email below.
Schneebaum-Settlement
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